MATTER OF GENTILE v. LEVY


145 A.D.2d 330 (1988)

In the Matter of Paul T. Gentile, as District Attorney of Bronx County, on Behalf of The People of the State of New York, Petitioner, v. David Levy et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1988


Although the writ does not lie, we note that no New York appellate court has approved the submission of an entire written charge to a jury and, here, where the issue is novel and both sides object, it is not for a trial court to undertake such action. It ill behooves a court at nisi prius to force an issue, especially one of questionable...

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